Timmy Dooley (Clare, Fianna Fail)
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290. To ask the Minister for Communications, Energy and Natural Resources his views on the planned takeover of seven Irish radio stations by an organisation (details supplied); his role in deciding if this complies with media mergers legislation; if this passes the public interest test under media merger guidelines and the effect on the existing media plurality landscape; and if he will make a statement on the matter. [20211/16]

Denis Naughten (Roscommon-Galway, Independent)
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Under the Competition Act 2002, as amended by the Competition and Consumer Protection Act 2014, proposed mergers or acquisitions meeting certain criteria must be notified to the Competition and Consumer Protection Commission (CCPC). The CCPC must then examine the notification and decide if the merger may proceed on competition grounds.

Media mergers (mergers or acquisitions in which two or more of the undertakings involved carry on a media business in the State, and mergers and acquisitions in which one or more of the undertakings involved carries on a media business in the State and one or more of the undertakings involved carries on a media business elsewhere) which have received the CCPC’s determination must also be notified to me as Minister. 

Upon notification, a Phase 1 examination of the merger is carried out by my Department. This examination is guided by the relevant criteria laid out in the legislation and by the Guidelines on Media Mergers, both of which are available on my Department’s website.

Following this examination, I have three options under the legislation, which are to allow the merger to proceed, to allow the merger to proceed with conditions or to ask the Broadcasting Authority of Ireland (BAI) to conduct a more in-depth or Phase 2examination of the proposed merger.

If the latter is the case, then the BAI shall provide me with a report detailing their recommendations on the matter. It is also possible for me, as Minister, to establish an advisory panel to provide an opinion to the BAI on the application of the relevant criteria to the media merger in question.

Following receipt of the BAI’s report and recommendations, I must then make a decision either to allow the merger to proceed, to allow it to proceed with conditions or to refuse to grant my consent.

No notification has been made by the organisation referred to in the Question and, therefore, it would not be appropriate for me to provide further comment at this time. That said, I am aware that this merger is currently being considered by the CCPC.